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Monthly State Update:
MAJOR DEVELOPMENTS IN 2012

(as of 02/01/2012)

This
update provides information on legislation, as well as relevant
executive branch actions and judicial decisions in states across
the country. For each of the topics listed below, the number of
states in which legislation has been introduced is given, as are
the names of the states in which subsequent action has been taken.
Detailed summaries are provided for legislation that has been passed
by at least one house of a legislature and for major court decisions;
actions for the current month are in bold. For an archive of previous
monthly updates, click here.

State Employee and Facility Participation in Abortion

ARIZONA: In January, the state agreed not to enforce a provision that prohibits citizens from claiming a tax credit for donations to any organization that “provides, pays for, promotes, provides coverage of or provides referrals for abortions.” The state’s move is in line with a U.S. District Court judge’s decision to block the tax credit provision from going into effect on the grounds that the law violates constitutionally protected free speech rights.

Ultrasound Requirements

TEXAS: In January, a three-judge panel of the U.S. Fifth Circuit Court of Appeals reversed a decision by a U.S. District Court judge that blocked enforcement of the state’s newly enacted ultrasound requirements, which require an abortion provider or a certified technician to perform an ultrasound prior to an abortion. The woman is offered the option of viewing the image and listening to the fetal heartbeat, and must listen to a detailed verbal description of the image unless she was raped, has a court order waiving parental consent or is ending the pregnancy because of a fetal abnormality. The panel held that the required provisions do not constitute forced speech, which is a violation of the First Amendment. The panel also overruled the District Court’s decision to block a provision that requires abortion counseling to be conducted by the abortion provider on the grounds that the language was unconstitutionally vague. (In early February, a U.S. District Court judge allowed the law to go into effect.)

ADOLESCENTS

Minors Access to Reproductive Healthcare

VIRGINIA: In January, the House passed a measure that would eliminate the requirement that girls receive the HPV vaccination in order to attend middle school. The bill is awaiting action in the Senate.

CONTRACEPTION
& PREVENTION

Abortion-Related Restrictions on State and Family Planning Funds

NEW HAMPSHIRE: In January, the House passed a measure that would establish a four-tiered priority system for the allocation of family planning funds that excludes family planning clinics from eligibility. Under this system, public health organizations would have the highest priority, followed by nonpublic hospitals, federally qualified health centers, rural health clinics and finally, private medical organizations that focus on primary health services. The bill would also prohibit allocating funds to organizations that perform elective abortions or run facilities that perform elective abortions. The bill is awaiting action in the Senate.

Medicaid Family Planning Eligibility Expansions

INDIANA: In January, the House passed a measure that would require the state to apply for a state plan amendment to expand Medicaid family planning services. Individuals would be eligible for services if their income is at 133% or below of the federal poverty level. The bill is awaiting action in the Senate.

VERMONT: In January, the House passed the state’s budget bill, which would require the Commissioner of Vermont Health Access to prepare rules and procedures for the adoption of a state plan amendment for family planning services. The state is currently seeking a state plan amendment through regulatory process. The bill is awaiting action in the Senate.

Pharmacy or Pharmacist Requirements to Dispense Contraception

PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

Introduced in 10 states

Bill Status:

Passed at least one chamber in NH

NEW HAMPSHIRE: In January, the House passed a measure that would consider a fetus at 24 weeks “of gestation” as a victim of homicide. The bill would not permit prosecution in cases of medical treatment provided with the consent of the woman or her guardian. The bill is awaiting action in the Senate.